[105th Congress Public Law 240]
[From the U.S. Government Printing Office]


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[DOCID: f:publ240.105]


[[Page 1565]]

             CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1999

[[Page 112 STAT. 1566]]

Public Law 105-240
105th Congress

                            Joint Resolution


 
Making continuing appropriations for the fiscal year 1999, and for other 
         purposes. <<NOTE: Sept. 25, 1998 -  [H.J. Res. 128]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the following sums are 
hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for the 
fiscal year 1999, and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1998 for continuing projects or activities including the 
costs of direct loans and loan guarantees (not otherwise specifically 
provided for in this joint resolution) which were conducted in the 
fiscal year 1998 and for which appropriations, funds, or other authority 
would be available in the following appropriations Acts:
            (1) the Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 1999;

            (2) the Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations Act, 1999, 
        notwithstanding section 15 of the State Department Basic 
        Authorities Act of 1956, section 701 of the United States 
        Information and Educational Exchange Act of 1948, section 313 of 
        the Foreign Relations Authorization Act, Fiscal Years 1994 and 
        1995 (Public Law 103-236), and section 53 of the Arms Control 
        and Disarmament Act;
            (3) the Department of Defense Appropriations Act, 1999, 
        notwithstanding section 504(a)(1) of the National Security Act 
        of 1947;
            (4) the District of Columbia Appropriations Act, 1999;
            (5) the Energy and Water Development Appropriations Act, 
        1999;
            (6) the Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1999, notwithstanding section 10 of 
        Public Law 91-672 and section 15 of the State Department Basic 
        Authorities Act of 1956;
            (7) the Department of the Interior and Related Agencies 
        Appropriations Act, 1999;
            (8) the Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 1999, the 
        House and Senate reported versions of which shall be deemed to 
        have passed the House and Senate respectively as of October 1, 
        1998, for the purposes of this joint resolution,

[[Page 112 STAT. 1567]]

        unless a reported version is passed as of October 1, 1998, in 
        which case the passed version shall be used in place of the 
        reported version for purposes of this joint resolution;
            (9) the Legislative Branch Appropriations Act, 1999;
            (10) the Department of Transportation and Related 
        Agencies Appropriations Act, 1999;
            (11) the Treasury and General Government Appropriations Act, 
        1999; and
            (12) the Departments of Veterans Affairs and Housing and 
        Urban Development, and Independent Agencies Appropriations Act, 
        1999:

Provided, That whenever the amount which would be made available or the 
authority which would be granted in these Acts as passed by the House 
and Senate as of October 1, 1998, is different than that which would be 
available or granted under current operations, the pertinent project or 
activity shall be continued at a rate for operations not exceeding the 
current rate: Provided further, That whenever the amount of the budget 
request is less than the amount for current operations and the amount 
which would be made available or the authority which would be granted in 
these appropriations Acts as passed by the House and Senate as of 
October 1, 1998, is less than the amount for current operations, then 
the pertinent project or activity shall be continued at a rate for 
operations not exceeding the greater of the rates that would be provided 
by the amount of the budget request or the amount which would be made 
available or the authority which would be granted in these 
appropriations Acts: Provided further, That whenever there is no amount 
made available under any of these appropriations Acts as passed by the 
House and Senate as of October 1, 1998, for a continuing project or 
activity which was conducted in fiscal year 1998 and for which there is 
fiscal year 1999 funding included in the budget request, the pertinent 
project or activity shall be continued at a rate for operations not 
exceeding the lesser of the rates that would be provided by the amount 
of the budget request or the rate for current operations under the 
authority and conditions provided in the applicable appropriations Act 
for the fiscal year 1998.
    (b) Whenever the amount which would be made available or the 
authority which would be granted under an Act listed in this section as 
passed by the House as of October 1, 1998, is different from that which 
would be available or granted under such Act as passed by the Senate as 
of October 1, 1998, the pertinent project or activity shall be continued 
at a rate for operations not exceeding the current rate under the 
appropriation, fund, or authority granted by the applicable 
appropriations Act for the fiscal year 1999 and under the authority and 
conditions provided in the applicable appropriations Act for the fiscal 
year 1998: Provided, That whenever the amount of the budget request is 
less than the amount for current operations and the amounts which would 
be made available or the authority which would be granted in these 
appropriations Acts as passed by the House and the Senate as of October 
1, 1998, are both less than the amount for current operations, then the 
pertinent project or activity shall be continued at a rate for 
operations not exceeding the greater of the rates that would be provided 
by the amount of the budget request or the amount which would be made 
available or the authority which would be granted in the applicable 
appropriations Act as passed

[[Page 112 STAT. 1568]]

by the House or as passed by the Senate under the appropriation, fund, 
or authority provided in the applicable appropriations Act for the 
fiscal year 1999 and under the authority and conditions provided in the 
applicable appropriations Act for the fiscal year 1998.
    (c) Whenever an Act listed in this section has been passed by only 
the House or only the Senate as of October 1, 1998, the pertinent 
project or activity shall be continued under the appropriation, fund, or 
authority granted by the one House at a rate for operations not 
exceeding the current rate and under the authority and conditions 
provided in the applicable appropriations Act for the fiscal year 1998: 
Provided, That whenever the amount of the budget request is less than 
the amount for current operations and the amounts which would be made 
available or the authority which would be granted in the appropriations 
Act as passed by the one House as of October 1, 1998, is less than the 
amount for current operations, then the pertinent project or activity 
shall be continued at a rate for operations not exceeding the greater of 
the rates that would be provided by the amount of the budget request or 
the amount which would be made available or the authority which would be 
granted in the applicable appropriations Act as passed by the one House 
under the appropriation, fund, or authority provided in the applicable 
appropriations Act for the fiscal year 1999 and under the authority and 
conditions provided in the applicable appropriations Act for the fiscal 
year 1998: Provided further, That whenever there is no amount made 
available under any of these appropriations Acts as passed by the House 
or the Senate as of October 1, 1998, for a continuing project or 
activity which was conducted in fiscal year 1998 and for which there is 
fiscal year 1999 funding included in the budget request, the pertinent 
project or activity shall be continued at a rate for operations not 
exceeding the lesser of the rates that would be provided by the amount 
of the budget request or the rate for current operations under the 
authority and conditions provided in the applicable appropriations Act 
for the fiscal year 1998.
    Sec. 102. No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense shall be 
used for new production of items not funded for production in fiscal 
year 1998 or prior years, for the increase in production rates above 
those sustained with fiscal year 1998 funds, or to initiate, resume, or 
continue any project, activity, operation, or organization which are 
defined as any project, subproject, activity, budget activity, program 
element, and subprogram within a program element and for investment 
items are further defined as a P-1 line item in a budget activity within 
an appropriation account and an R-1 line item which includes a program 
element and subprogram element within an appropriation account, for 
which appropriations, funds, or other authority were not available 
during the fiscal year 1998: Provided, That no appropriation or funds 
made available or authority granted pursuant to section 101 for the 
Department of Defense shall be used to initiate multi-year procurements 
utilizing advance procurement funding for economic order quantity 
procurement unless specifically appropriated later.
    Sec. 103. Appropriations made by section 101 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.

[[Page 112 STAT. 1569]]

    Sec. 104. No appropriation or funds made available or authority 
granted pursuant to section 101 shall be used to initiate or resume any 
project or activity for which appropriations, funds, or other authority 
were not available during the fiscal year 1998.
    Sec. 105. No provision which is included in an appropriations Act 
enumerated in section 101 but which was not included in the applicable 
appropriations Act for fiscal year 1998 and which by its terms is 
applicable to more than one appropriation, fund, or authority shall be 
applicable to any appropriation, fund, or authority provided in this 
joint resolution.
    Sec. 106. <<NOTE: Termination date.>> Unless otherwise provided for 
in this joint resolution or in the applicable appropriations Act, 
appropriations and funds made available and authority granted pursuant 
to this joint resolution shall be available until: (a) enactment into 
law of an appropriation for any project or activity provided for in this 
joint resolution; or (b) the enactment into law of the applicable 
appropriations Act by both Houses without any provision for such project 
or activity; or (c) October 9, 1998, whichever first occurs.

    Sec. 107. Appropriations made and authority granted pursuant to this 
joint resolution shall cover all obligations or expenditures incurred 
for any program, project, or activity during the period for which funds 
or authority for such project or activity are available under this joint 
resolution.
    Sec. 108. Expenditures made pursuant to this joint resolution shall 
be charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law.
    Sec. 109. No provision in the appropriations Act for the fiscal year 
1999 referred to in section 101 of this Act that makes the availability 
of any appropriation provided therein dependent upon the enactment of 
additional authorizing or other legislation shall be effective before 
the date set forth in section 106(c) of this joint resolution.
    Sec. 110. Appropriations and funds made available by or authority 
granted pursuant to this joint resolution may be used without regard to 
the time limitations for submission and approval of apportionments set 
forth in section 1513 of title 31, United States Code, but nothing 
herein shall be construed to waive any other provision of law governing 
the apportionment of funds.
    Sec. 111. This joint resolution shall be implemented so that only 
the most limited funding action of that permitted in the joint 
resolution shall be taken in order to provide for continuation of 
projects and activities.
    Sec. 112. Notwithstanding any other provision of this joint 
resolution, except section 106, for those programs that had high initial 
rates of operation or complete distribution of fiscal year 1998 
appropriations at the beginning of that fiscal year because of 
distributions of funding to States, foreign countries, grantees or 
others, similar distributions of funds for fiscal year 1999 shall not be 
made and no grants shall be awarded for such programs funded by this 
resolution that would impinge on final funding prerogatives.
    Sec. 113. Notwithstanding any other provision of this joint 
resolution, except section 106, the rate for operations for projects and 
activities that would be funded under the heading ``International 
Organizations and Conferences, Contributions to International 
Organizations'' in the Departments of Commerce, Justice,

[[Page 112 STAT. 1570]]

and State, the Judiciary, and Related Agencies Appropriations Act, 1999, 
shall be the amount provided by the provisions of section 101 multiplied 
by the ratio of the number of days covered by this resolution to 365.
    Sec. 114. Notwithstanding any other provision of this joint 
resolution, except section 106, the rate for operations for the 
following activities funded with Federal funds for the District of 
Columbia, shall be at a rate for operations not exceeding the current 
rate, multiplied by the ratio of the number of days covered by this 
joint resolution to 365: Corrections Trustee Operations, Offender 
Supervision, Public Defender Services, Parole Revocation, Adult 
Probation, and Court Operations.
    Sec. 115. Activities authorized by sections 1309(a)(2), 1319, 
1336(a), and 1376(c) of the National Flood Insurance Act of 1968, as 
amended (42 U.S.C. 4001 et seq.), may continue through the date 
specified in section 106 of this joint resolution.
    Sec. 116. <<NOTE: Mines and mining.>> Section 28f (a) of title 30, 
United States Code, is amended by striking the words ``The holder'' 
through ``$100 per claim.'' and inserting ``The holder of each 
unpatented mining claim, mill, or tunnel site located pursuant to the 
mining laws of the United States before October 1, 1998 shall pay the 
Secretary of the Interior, on or before September 1, 1999 a claim 
maintenance fee of $100 per claim site.''. Notwithstanding any other 
provision of law, the time for locating any unpatented mining claim, 
mill, or tunnel site pursuant to 30 U.S.C. 28g may continue through the 
date specified in section 106 of this joint resolution.

    Sec. 117. <<NOTE: Patents and trademarks.>> The amounts charged for 
patent fees through the date provided in section 106 shall be the 
amounts charged by the Patent and Trademark Office on September 30, 
1998, including any applicable surcharges collected pursuant to section 
8001 of Public Law 103-66: Provided, That such fees shall be credited as 
offsetting collections to the Patent and Trademark Office Salaries and 
Expenses account: Provided further, That during the period covered by 
this joint resolution, the Commissioner may recognize fees that reflect 
partial payment of the fees authorized by this section and may require 
unpaid amounts to be paid within a time period set by the Commissioner.

    Sec. 118. Notwithstanding sections 101, 104, and 106 of this joint 
resolution, until 30 days after the date specified in section 106, funds 
may be used to initiate or resume projects or activities at a rate in 
excess of the current rate to the extent necessary, consistent with 
existing agency plans, to achieve Year 2000 (Y2K) computer conversion.

[[Page 112 STAT. 1571]]

    Sec. 119. <<NOTE: Census.>> Notwithstanding any other provision of 
this joint resolution, except section 106, the amount made available for 
projects and activities for decennial census programs shall be the 
higher of the amount that would be provided under the heading ``Bureau 
of the Census, Periodic Censuses and Programs'' in the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999, as passed by the House, or the amount that 
would be provided by such Act as passed by the Senate, or the amount of 
the budget request, multiplied by the ratio of the number of days 
covered by this joint resolution to 365.

    Approved September 25, 1998.

LEGISLATIVE HISTORY--H.J. Res. 128:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
            Sept. 17, considered and passed House and Senate.

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